| To: | National Jewish Medical and Research Cen ETC. (brockbankbg@njc.org) |
| Subject: | TRADEMARK APPLICATION NO. 76431323 - FAMILY AIR CARE - N/A |
| Sent: | 5/3/04 3:53:45 PM |
| Sent As: | ECom103 |
| Attachments: |
UNITED STATES PATENT AND TRADEMARK OFFICE
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SERIAL NO: 76/431323
APPLICANT: National Jewish Medical and Research Cen ETC.
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CORRESPONDENT ADDRESS: NATIONAL JEWISH MEDICAL AND RESEARCH 1400 JACKSON STREET DENVER CO 80206
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RETURN ADDRESS: Commissioner for Trademarks 2900 Crystal Drive Arlington, VA 22202-3514
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MARK: FAMILY AIR CARE
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CORRESPONDENT’S REFERENCE/DOCKET NO: N/A
CORRESPONDENT EMAIL ADDRESS: brockbankbg@njc.org |
Please provide in all correspondence:
1. Filing date, serial number, mark and applicant's name. 2. Date of this Office Action. 3. Examining Attorney's name and Law Office number. 4. Your telephone number and e-mail address.
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Serial Number 76/431323
This letter responds to applicant’s communication filed on November 3, 2003. The amendments to the identification have not been accepted. The refusal based on the indefinite nature of the identification of services language is continued and made FINAL.
In the initial office action dated December 20, 2002, the examining attorney refused registration based on the indefinite nature of the identification of services language. For the reasons set forth below, the refusal based on the indefiniteness of the identification of services is maintained and made FINAL.
Applicant must clarify the identification of services to specify the common commercial or generic name for the nature of the services as well as their main purpose and their particular field of use or channels of trade. If there is no common commercial or generic name, then applicant must describe the service and intended consumer as well as its main purpose and intended uses. Applicant may adopt the following identification of services, if accurate: “consultation in the field of indoor air quality, namely, taking air samples, issuing reports reviewing the findings, and discussing recommended solutions to improve indoor air quality,” in International Class 040. TMEP § 1402.01.
Applicant may wish to consult the U. S. Patent and Trademark Office Goods and Services Manual which can be found on our web site at www.uspto.gov. Please note that, while the identification of goods and/or services may be amended to clarify or limit the goods and/or services, adding to the goods and/or services or broadening the scope of the goods and/or services is not permitted. 37 C.F.R. §2.71(a); TMEP §1402.06. Therefore, applicant may not amend the identification to include goods and/or services that are not within the scope of the goods and/or services set forth in the present identification.
The applicant has failed to amend its identification of services language properly. This requirement is continued and made FINAL.
For all of the above reasons, the refusal based on the unacceptable identification of services is maintained and made FINAL. Please note that the only appropriate responses to a final action are either (1) compliance with the outstanding requirements, if feasible, or (2) filing of an appeal to the Trademark Trial and Appeal Board. 37 C.F.R. Section 2.64(a). If the applicant fails to respond within six months of the mailing date of this refusal, this Office will declare the application ABANDONED. 37 C.F.R. Section 2.65(a).
If the applicant has any questions or needs assistance in responding to this Office action, please telephone the assigned examining attorney. If the applicant fails to respond within six months of the mailing date of this refusal, this Office will declare the application abandoned. 37 C.F.R. Section 2.65(a).
Jeffrey S. Molinoff
/Jeff Molinoff/
Law Office 103
703-308-9103 ext. 247
703-746-8103 fax
How to respond to this Office Action:
To respond formally using the Office’s Trademark Electronic Application System (TEAS), visit http://www.gov.uspto.report/teas/index.html and follow the instructions.
To respond formally via regular mail, your response should be sent to the mailing Return Address listed above and include the serial number, law office and examining attorney’s name on the upper right corner of each page of your response.
FOR INQUIRIES OR QUESTIONS ABOUT THIS OFFICE ACTION, PLEASE CONTACT THE ASSIGNED EXAMINING ATTORNEY.